Will I Have to Go to Court If I Make a Personal Injury Claim in Georgia?

When dealing with personal injury claims, many people in Georgia may be concerned about the possibility of going to court. The legal process can be intimidating, but it is important to understand the procedures involved in making a personal injury claim in Georgia and the likelihood of going to court.

Settling Out of Court

Many personal injury cases are resolved without going to court. This is often due to a process known as settlement, where the parties involved agree to resolve the dispute by negotiating an agreement. Settlement negotiations can occur at any point during the process, even before a lawsuit is filed.

According to the Georgia State Bar, the vast majority of personal injury cases are resolved without a trial. In fact, approximately 95% of personal injury claims in Georgia are settled out of court. This is typically because the parties can reach a mutually satisfactory agreement that compensates the injured party for their damages, while avoiding the time, expense, and uncertainty of a trial.

When Court May Be Necessary

There are some cases in which going to court may be necessary. If the parties cannot reach a settlement agreement, or if the insurance company denies the claim, then a trial may be the only way to resolve the dispute. In Georgia, the injured party has the option to file a lawsuit within two years from the date of the injury (Georgia Code ยง 9-3-33). This is known as the statute of limitations. If the case involves the wrongful death of a loved one, the statute of limitations is extended to two years from the date of death.

If a trial is necessary, a judge or jury will hear the evidence and make a decision regarding the case. While going to court can be stressful, it is important to remember that you have the right to legal representation. Hiring an experienced personal injury attorney can help guide you through the process and increase your chances of receiving the compensation you deserve.


In summary, while going to court may be necessary in some personal injury cases, the vast majority of claims are resolved through settlement negotiations. If you or a loved one has been injured in an accident in Georgia, it is crucial to consult with a skilled personal injury attorney to help protect your rights and guide you through the process.